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combatant or enemy belligerent for purpose of evidence gathering. >> under the law of war there's no right to legal counsel when you're being questioned for national security purposes. so i hope the obama administration will allow that exception and they have a very bad track record here. >> the white house telling reporters it would try tsarnaev in federal court and no other options were considered. >> this is matter decide ode by the attend of yates and the attorney general. the whole national security team supports this decision. >> to bring it down for you, the confusion comes over the venue. there is no way under the military commissions act to try an american citizen at the military courts in guantanamo bay, but if a sed threshold of evidence was met, if there was evidence that the brothers were directed by a foreign terrorist organization that would call for enemy combatant status. >> we have been talking about the trip to russian that the older suspect took. it's my understanding you learn more about the trip. >> fox news was told that russia's equivalent othe fbi isn't a letter to
is cooperating. >> the reports of involvement by her husband and brother-in-law came as an absolute shock to them all. as a mother, a sister, a daughter, a wife, katy deeply mourns the pain and loss to innocent victims. >> shepard: we're learning more about her husband's trip to russia and whether it set off alarm bells in the united states. >> the hearing this morning created more confusion over the fbi's handling of tamerlan tsarnaev in 2011 and which federal agency new about his trip the following 'er to russia. >> was your department aware of his travels to russia, and if you weren't, the reason. >> the travel in 2012 you're referring to, yes, the system pinged when he was leaving the united states. by the time he returned, all investigations had been -- the matter had been closed. >> but napolitano's statements chronic with what assistant fbi briefed another lawmaker who is a member of the judiciary committee. >> the fbi told me they had no knowledge of him leaving or coming back. the name was misspelled so i would like to talk to you more about this case. how this man left. where he went, a
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